Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, April 09, 1908, Image 1

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Lake County examiner., April 09, 1908, Image 1

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Newspaper Page TextMtWMi VOL. XXIX LAKKVIKW, LAKK COUNTY, OKttUON, THURSDAY. APRIL 9, Utjo, NO, 15 CONGRESS ENACTS NEW LAND LAWS AIIowh Additional home stead Kights IXtttSlON ON DESERT PROOFS l.ntrymen Who Relinquished to Corporations or Sold Tor Profit Are Barred An act or Congreis of February , 1908, allows a person otherwise puali Hod to make a second homestead cut ry where such person. Ims muds and lout, forfeited, or abandoned a former hoinebtead mtty rlor to tli paahage of al l act, and mii'li former eutry was not cmicolod for fraud 01 abandoned or relinquished for u consideration. Tbo person applying to make second ho'iioitcii'l entry under tliln Hct trniwt Ills in tho local laud otiioo an appll cation to enter h specific tract of public laud subject to homestead eutry, uc oiniifiiilel bv lil tiftl'ittv it executed boforo mi officer authorized to aduiln liter oaths lu homestead easea, stating description of former entry by sec 1 1 on. towiihiilii, aud ruiitfe number or nnmtxir of entry nail name of luod ofllce where made; date of entry; when ho lont, forieltod, or abHudouod the same; that it waa not canceled for frsud, and whether lie reoled any thing for nlBiiclonliK hi cluiiu or re llnquiahliig tho entry. This Bttldavlt must bo corroborated by the affidavit f one or mora pornouu tmvioif krv! 0-1 mi of the furtH relative to the abandonment of hi 4'lxiii) or the r liniuiiihtuPiit of tho former entry, which corroborated ntlMay.lt may bo executed before any office authorized to administer oaths, and having au offlcllll SI'lll. Hoc! Ion 2 of tho net of June f, 190C, ' allow a second homestead entry to a person otherwise qualified who, prior to tho date of the ui't, made homestead "Utry nml commuted suuie, but such nocoud enty I not subject to aommu Intlon, Tho act of May 22, 1902, allows a second homestead eutry to a peraon tithorwirio qualitlod who, prior to May 17, 1900, made ami perfutcod n ho.no Mtead entry, paying thtirufor tho price provided iiiidor the law opening the land for settlement, but to which land, hail he not perfected title prior to 1 he date mentioned, hn would huve Ikioii entitled to receive a patent with out payniont under the "free home act". Said act does not allow com mutation unless proof auhmitted on laud ilrt entered shows five year' residence. A perou applying to make second utry under the provision of the acta described in paragraphs 3 and 4, of a specific tract of public land aiitijuct to lioin iseud entry, mo hI, file witu such appliciition hi affidavit,' decsriblng hia origiuul eutvy by auction, towu hip, and ruuge uuiuhers, or number f tho e itry ami name of tho land office where made, date of tho entry mid dnt6 when dual entry wus niudo therefor. As tho facta required to bo ttho-wu in support of molt aiplicatiou tire matters of record no corrobora tion will bo necoHMtry. The following rule will govern the action of Kogisteis and Receiver up on homorttoad commutation proof hereafter Hiibmitted : Oommiitation proof olToiud under n homuHtead entry niadu on or fftcr November 1 1907, will bo rejected uu Iohh it be ahown thereby that the en tryman hua, iu Kod faith, : actually realded upon and cultivated ttio laud ombraced in uuoli entry for tho full period of at lount fourteen mouth. Where audi commutation proof la olferod under an entry made prior to November 1,11)07, if it bo atttiafuctorl ly.ahowu thereby that the eutryniau had, lu ood faith, eatubliuhud actual reaidonce ou tho laud within six moiitha from the date of hia eutry. An act of cougreaa, approved March t!H, 1008, provides that tbo right to mak entry of deaert laud uuder the prior acta of oourveaa, BhaQ be re atrlcted to surveyed public lauds of the character contemplated by said acts, and no such entries of uour- reyed land ahull Im allowed or ma la of record. Excepting where an Indi vidual has Iiokoii the reclamation of a tract of desert land not exceeding 3'20 acres of unaurveyed lands under the prior act, who will be allowed the preference rltfht to make eutry. The nine act piohlbits the sultfunient of any such entrr to any corporation or aaaoclatlon An extension of time I alao h I vu the rntryniau, who, throuxh aiiine unavoidable delay In the con struction of irrigation works, Is uu able to make proof of reclamation of the land, of not more thau three year in which to complete the .recla mation an I cull 1 vat nil a required by law. ConKrcm, ou March 20, IIKIS. pnnd the followlnu: That auy pi'rTn who prior to the pannage of thia act has made entry under the deaert land law, but from any cauae haa lont, forfeited or abandoned the same, uliall bo entitled to the benellts of the deoei I laud law an though auch former entry hinl not been made, and auy peraon applyiiifi for a aucoud denutt land en try uuder thia act ahall fnrnlwh the leiH-riptloii and dato of hi fornar entry: Provided, thnt tho provision) of thia act rhall not apply to auy per son whone former entry waa BKHltrned in whole or lu part or cancelled f' i fraud, or who rrlluipiiahed the former entry for a valuable ronniderat ion. llnAter 5ervlce. Ou Kinder Sunday (April 10th; the the Cnhtolit's wilt have lli'ti Miihh iu Opera House at 10 a. in. i'KOURAM. Second Msmh in F, Marr.o Accompauiht atid director, Mix Laura Snelllun CHOIH. Minnea F.dna lVnlaud l-ora C'liand ler, Eva Clark, Kay lUrnea, LeuuMc Shane, Dertha Lolftua, Marie McShane Myrble Ilahn, Vlunie llendersou, le in O'Shea, Mary O'Sheu, Klnia Chaud ler, Vale I-offtns Kyrle-Duet Ml Edna Pendland " Lena McShane tilolla lat Soloa, 2nd Soloa Miaa Eva Clark " Marie Mi-Shane. Miaa Tay llarnea. " Leua McShane. Credo lat Solo Miaa Lora Chandler " Lena McShane. 2.1 Solos MIh8 Eva Claik. " Marie McShaue. :ird Solos Miaa Lora ("handle, " Leua McShane. Sauctua Solos Miaa Louiae Arzuer, " Derthu Loirtua, " Elma Chandler. Lartfo Handel Lnkev lew Orcheatra, Prof. O. E. Rice, Prof. C. CJ. Price, Miaa Ii. Snellintf, Mr. Oeo. II. Ayrea, Mr. Cbaa. Wallace. AK'ie Del-Soloa Miaa Eva Clark, " Mario McShane, " Lena McShaue, " Lora Chandlor. tU'iiodictlon with toe illesaed Sacra ment. "I'arKO lingua" and Tautuin ergo" sum; by the choir. Paitna Faure, Lakeview Orcheatra. Kov. I. A. Vaata, S. J Paator. Initiative and Referendum :WXi Yes. 30" No. This is an amendment proposed to tho State Constitution providing for change iu tho timo of holding the biuuuial elections from tho first Mon day in June to tho first Tuesday after tho first Monday iu November, The purpose of this ' amendment is to cause elections for State, Congres sional and Prosideutiul elect lono to occur ou tho same day. It should pass vote 30(1. 308 Yes. 309- No. Tho elector is safe iu voting 300, It has reference to custody of Prisoners in County Jails and ought to bo voted for only by those who know of a sut- tlclont reasou for it. This is a referendum act of tho Leg- j ishiture 310 Yes. 311 No. This is a reforodum Act providing! that railroads shall give free passes to ; State Oflluers, County Judges and Sheriff. Vote 311 by a'l means. This measure ought not to fail of a uegative vote by every elector in Lake County. It would be as reasonable to compel railroads to do any other service with out pay. Tbey pay for all their privil eges. Private proporty is never con demed for the use of railroads without Compensation to the owner. Finally, this amendment makes no distinction as to whether the oflloer la traveling ou publlo busmes, or la on a vaoatiou for rest, or ou bis private business. Vote X 311, and you my be sure you are right. COUNTY COURT OFFERS BIG REWARD One Thousand Dollars For Capture of Murderer of Wallende Lakeview, 0(;e((on, April 7tb 1058. County Court met in conveued ses sion, piirpauiiiit to an order duly Is sued by the County JudH, at which were present, li. Ualy, Jude. C. W. Dent, and II. It. Heryford, Coomiia (doner, Albeit Dent, Sheriff, and K. N. Jiupilnh, ClurK, at which the fol lowing biixine-s was transacted, tow ic: Wlieri-HH, it appears from the verdict of the (.'oroiiers Jury, wnich was duly ImpHiiueled to InvebtiKttte tbe cause of the death of Julius Wallende at Sil ver Lake, Orexoii. that the crime pf murder wa committed, it, therefore, heroine thea duty of every Kood citi zen, of this County, to aaHiat in every way poaaiblo, the Olllcera of the law to apprehend the party or parties iruilty f aaid crime ao ttiat the law shall not only be vindicated ami toe Kuilty Basket Social a Success The biibket social planned by tbe High School for last Fri lay evening wbb iu every way a complete success. A a social affair it waa very enjoy able and from a f inaucial standpoint it far exceeded our moat hopeful antici pations. Hy 8 o'clock tbe ba.kets had all arrived, and after a short spech by Mr. OHver the auctioneering began. The bidding ws vigorous from tbe (li st and at time became even siren -ous. Several of tbe (baskets sold for three and four dollar while only a few went for less thau one dollar Tbe basket bringing the most was that of Miss Louise Btorktnonn. It represent ed tbe snare Brum iu the Lakeview Ctizeu's Hand and the price paid was five dollars. Another basket bringing a haudaome price was tLat of Miss Millie He yu oils. It was tbe model of a setee aud for It the buyer paid M.75. After tbe baskets were disposed of tbe crowd seated themselves at tbe long tables previously arranged and enjoy ed the do icious lunches which the bnskits contained. Tables Lad also been arranged ou the stage and it was aunounced that those who did not purchase baskets would be served ..hi. t..... ... , i. ii . underestimated tbe interest which outsiders were taking in our work and. us tho crowds flocked to1 the I tables tbe supply which had been pro vided was speedily exhausted aud many went away disappointed because the refreshments were short. While all the baskets were very neat in apperauce there were a few that deserve special mention. Among these were tbe tialaucing scales, Indian wigwam, violin, model of the school bnilding, "Old Oakeu Ducket" and we:l curb, base drum, snare Hruui, aud miniature setee?. There were 48 baskets sold averaging about f 1.30. Tho total amount netted from tbo baskets aud ice cream wus SG'2.3T. The boys are truly grateful for tho patronage their effort received and wheu arrayed lu new suits and equipped with a now outfit, expect to play ball that will make their patrons proud of tbeui. The Base Ball Game Oue of the beet base ball games that has been played for some time in Lakeview was played last Sunday be tween tbe Pine Creek team aud a team gotteu up in ;Lukeviow for tho pur pose. While tho score was wholly oue .sided, beiug 8 to 0 in favor of Lake- view, our boys had to play bard for the honors. Tho score was a great victory, but not easily won. They knew rboy had beeu lu u game, lloth touuis pluyed good ball. Such games as this oue ore interesting and worth going a long way to witness. There was a big crowd in attendance. The Lakeview Hand discoursed sweet . um slo at Intervals. The line up was as follows: Lakeview Faulkner Stlcksel Powell Heard Uowau Morine Dutton Reynolds Posltlou 1 Base J 2 Base ' 3 Base Short Stop R. field O. field L. field Pitcher Catcher . Pine Creek Vernou Wade Reed Cook Lark in llammersley Ballard Uibblus Lark In. Wallaoe punished, but that every citizen of Lake 1'ounty may fuel assured of that protection to his life and property, which Is Kuarauteed to bim by the laws of Or?ifon : Now, therefore, iu conformity with law and to the end that justice may be done and the guilty punished; It is hereby ordered that tbe County Court of Lake County, Or-oo, while sitting tor tbe transaction of County business, having been conveued in special ses sion, in pursuance to an order duly issued by the County Judge, of said County, does hereby offer a Kesarl In the sum of One Thousand (11.000) Dollars for tbe arrest and conviction ot the party or parties who murdered tbe said Julius Wallende at, Silver Lake, Lake County, Oregon. Court adjourned. ' Site For Flour Mill (Iroun 1 has been selec'el just south, and adjoining Cbaa. Rhodes' lot in South Lakeview, 338 by 22o feet, for tbe new flour mill Hamilton Captured Again Sheriff Dent received a wire from Eugene Tuesday stating that the au thorities are holding a man there sup posed to be Ole Hamilton. Sheriff Dent is tick in bed. Failed to Get on Ticket t J D. Farra, Democratic caudidate tor sheriff, came down from Paisley this week. Mr. Farra failed to get bis name on tbe ballot through failure to file blauk "f1 of h'8 Petition with tbe clerk, but be will be a candidate for tbe nomination, just thq same. R. U. Jackson democratic candidate for School Superintendent also failed to get his name on tbe ballot. Registration Books Closed. Tbe registration books closed Tups day evening. Tbe total registration in tbe county is 801. Tbe books will not be nnen MPuin till nft.Ar tlia nrimarr ' " - ion. Following is the registration R. D. scat, total 10C 58 6 170 18 24 42 83 31 1 115 10 7 21 20 H 43 18 15 33 74 38 2 117 91 3(5 5 132 10 10 2J 13 42 fx) 38 2 93 35 5 1 41 q;irfP r W Summer Lake Paisley Croooked Creek North Warner South Waruer North Lakeview South Lakeview Drews Valley (Soose Lake Cogswell Creek Tboiuas Creek Grand total, 801 Impsrtant Land Decision An important mud decision was handed down from the general land Office ,ou March 27, 1 90S, sustaining tho Register and Receiver of the Lake view Laud Ofllce in the contest case of T. F. Short, vs. Josoph V. llessig. May 3, 1902, Joseph llessig made homestead entry for the SK quarter Boctiou 25, township 31 range 14, and gave his post otilce address as Bes wick, Cal. f eo. u, iuo7, r. r. snort niea a coutest against said entry charging abandonment and failure to cultivate the land for the six months last past. Notice for content for personal ser vice was Issued, aud April, 2, 1907 was set for the testimony to be taken by the couuty clerk of Klamath county, aud April 13 for the final hearing at the land otilce in Lakeview. May 22 plaintiff filed affidavit alleging that personal service could not be given for the reason that defeudaut could not be found, at Boawlck, Cal. nor at Bly, Oregon, nor ou the land in ques tion. An order was then made for no tice of contest to be published in tbe Klamath Falls Republican, and tbe date for hearing before the same official fixed for the July 29, 1907, and final hearing before the land otilce August n. Copies of notice were sent to Beswlck, Calif., aud to Bly, Oregon, and posted on the door of the cabin on the laud lu controversy. On the day set for hearing and be fore tbe officer named in this notice, laintlff appeared In person and ty his attorny, C. F. Stone, and F. II Mills, appeared for defendant, for tbe purpose of objecting to the sufflci'-ncy or service or notice, itie ch was proceeded by calling plaintiff and two witnesses to 'the stand. Plaintiff swore that he was familiar with tbe land; tint he ss there about two hours ou January 7. 1977, aud saw a small legchbiri about 10 x 12 fee, and thought it dud ;i window and floor; that inside wa-. a win,!! i t up stove, bedstes I, without be't, find a frying pan. Saw no oth:r lurnUure, aud that the stove and frym in were maty from doii use. About a half sere fenced with oue pole fence, no fciwu of a well, and the snow wa aout five feet deep at tbe time He found no other buildings. except a bsrn about a half mile away, but did not know whether tbe latter building was on tbe land; that 'tbe land was heavily timbered and uo part cleared or cultivated. Tbe witnesf judged the cabin was worth 110 or f 15. That defendant bad never made the land bis permanent borne, but as neat as could be learned, bad stayed tbere one night in October, 190C. Witness testified that be war there again June 5tb, 1907, an 1 July 7tb of tbe same year, aud found no one liviog there or no part of tbe land cultivated, but about five cres fenced with barb wire fence. No stock tbere, and tbe door of the cabin locked. Tbe place bad every appearance of being abandoned. Tbe second witness saw tbe land in October, 190C; saw a cabin 10 x 12 feet, no window. The door was locked, and he dd not see inside, but thought tbe place was vacated. This witness run ont all tbe lines, and saw no cultivation, no place, near the cabin to get water, and no improve ments, except tbe eabin, which be thought was worth M5. Witness was asked bow much time defendent spent on tbe land, and he stated just a few days. Tbe third witness, J. L. Short, stated that he bad seen tbe land bat ouW i i nee tbe coutest ts initiated, that on Jane 7, 1907. He testified that tbe land was in an abaudoned condition, having bat one small log cabib on it, worth about tlO, built several years ago, and a small fence. No stock of auy kind, nor any of claim cultivated. None Oi tbe wit n esses were cross-examined. Defenant's attorney moved to dismiss the case, giving as tbe reason, that tbere waa a total failure of service of notice of contest. Ou July 31, 1907, defendant ap peared in person and by his attoney, before the county clerk of Klamath couLty and submitted testimony In bis own behalf. On October 18, the Lakeview laud office tendered its decisiou in tbe case, that arter careful examination of tbe objections to service of coutest. as set forth by tbe defendant's attor ney tbe otilce found tbe tame not well taken, therefore, overruled the mo tiou to dismiss; that as said defend ant failed to submit testimony at tbe time and place designated in the no tice, be must stand or fall upon bis special testimony, as tbe testimony submitted ou a later date without au tbcrity will not be considered. Tbe land office found by testimony regu larly taken that the allegations of the coutest affidavit had beeu sustained, in view w hereof this otilce recommen ded that thj entry be cancelled. Notice of this decisiou was reg isiered to defeudaut at Beswlck, and receipt of same was acknowledged. November 25, 1907, be tiled au appeal. On Decomber 7, 1907, the land office transmitted tbo records in the case to tbe geueial laud office. Tbe appellant assigtu as errors the laud office over rulug the defendant's uiotiou to dis miss for want of sufficient service, since it appears by the record !that personal service could have been mude: iu refusing to consider the evidence on tbe part of defeudaut, aud in holding that the allegations of the plaintiff had been proved by tbe evidence offered. Iu considering tbe case tbe general land otilce states: "As shown by tbe facts above cited, coutest notice was properly served, therefore you made uo error iu overruling tbe defendant's motion to dismiss, neither did you err In not considering tbe testimony of tbe defendant so irregularly taken. "Tbe testimony submitted by plaintiff and witnessea may be consid ered to prove tbe charge of abandon ment, as it stands without contradic tion. "Your decisiou la, accordingly, af firmed and the entry held for cancel lation, subject to defendant's right of appeal." OJifLLAHD' GRANT SOLD Oregon Valley Land Com pany the Purchasers TO BE CUT UP IN SMALL FARMS New Company Will Sell Off Vast It act In iMnall Farms and Give 7 wn l.ots The Oregon Military Road Land Grant has again changed hands. Tbe Oregon Valley Land Co. aie tbe pur chasers, with headquarters at Kansas City Mo. The new company baa dir ' it'ed tbe 300,000 acres or more, into tracts as follows; 5,974 ten acre farms 4,080 twenty acre farms, 1,020 forty acre farms, 500 eighty acre farms, 400 one hundred and sixty acre farms, twelve C40 acre farms, six 1,000 acre farms, and 11,992 town lots in Lake view, Oregon and will sell the same under tbe follwing contract: (200 for oue farm and one town lot, $10 down and tlOper mouth until paid. Toe agreement to purchase one or more farms and lota stipulated, means that when the purchaser bas complet ed his payments he becomes tbe owner of an undivided interest, for each farm and lot applied for, in tbe land and town lots offered for Bale as herein above set forth. Kach applicant, when be makes bis first payment and executed a contract, will receive from the Company a re ceipt showing that when be bas made bia last payment the Company , ill issu-r' 0 jltn a Clearance Receipt. Each Clearance Receipt shall be certi fied by tbe Pioneer Trust Company, Kansas City, Mo. Said Trust Com pany will not certify more than 11,992 Receipts. When tbe contract holders, by them selves or tbelr representatives, have assembled for the opening they shall select from their number three trus tees who shall receive a deed for the farms and lots herein described and hold same for the benefit of tbe pur chasers. Tbe Company will furnish tbe aid trustees placs of the farms and lots aud tbe trustees shall appoint an auctioneer, wbo shall broceed to auc tion and sell to tbe highest bidder, for cash or upon such terms as tbe con tract holders decide, the farms and lots. Contract holders may buy as many farms as they hold contracts for and tbe amount paid ou contract shall apply on purchase price. Contract holders only will be allowed to bid. Tbe biddiug will be open, competi tive, and no lottery oi game or scheme of distribution by lot or chance will enter tbe same. Tbe profits if any, derived from tbe sale shall he devid- ed among the . contract holders pro rata. Tbere are 11,992 contracts, 11,- 992 farms and 11,992 lots a farm aud lot to each contract. Rpisode at Sheep Camp Tbere was a little stir-off out on tbe sheep range one day last week, that should not be repeated, remembering the consequences of range troubles in the past, and if those implicated per sist in repeatiug their acts, tbe au thorities should look into the matter. As told by tbe Newell boys, four men, whose names we did not learn, but who were knowu by the boys came to the Newell sheep camp aud ordered young Mr. Aewoii, wno was lending the sheep, to take hia sheep off that rauge, or they would make it hot for him, or something to that Reflect. He knew he was on luud that they bad leased from the roud company, aud refused to go, uuloss the men would pay him bis rent back, which tbey refused to do. That night several men came uear the camp 'anc 'fired about three hundred shots. Newell returned tbe fire, but tbe night was dark, and no one was touched. Next day young Newell went to another camp to seud word borne of what bad happened, and while be was away from his camp some one entered tbe camp, stole tbe gun, and destroyed some other pro perty, and out tbe bobbles Jfrom New- ell's horses aud drove them about tea miles from tbe camp. Newell'e .sheep camp Is in the vicinity of Bly, la Klamath county.